State: Lower Milford quarry far from approval

Lower Milford Township residents concerned about a proposed quarry in the township learned at a Thursday night meeting how state environmental officials approve and regulate such surface mining operations.

About 75 people attended the two-hour session at Southern Lehigh Middle School where they questioned experts with the state Department of Environmental Protection.

State Rep. Karen Beyer, R-Lehigh, who opposes the quarry, set up the forum on behalf of the quarry-fighting Lower Milford Residents Association, which is dedicated to preserving the township's rural character.

The stone quarry, along with asphalt and concrete plants, is proposed on 628 forested acres along West Mill Hill Road south of the village of Hosensack.

Geryville Materials Inc. hopes to obtain a curative zoning amendment from Lower Milford supervisors so it can begin the quarry operation.

The company has spurred a grassroots "crush the quarry" movement since it began the process of getting that amendment in September 2004.

Keith Laslow, a DEP professional geologist manager, explained how companies get operating permits and Mike Menghini, a DEP monitoring and compliance manager, explained how the department enforces mining regulations.

The two men spent most of the time answering questions. Beyer assisted by walking around the school's auditorium with a microphone.

Questions ranged from whether quarry blasting upsets cows to whether a quarry would increase the risk of a terrorist attack on PPL's Hosensack electric substation, using explosives from the quarry.

But most were about protecting drinking water supplies, as well as springs and streams, the impact of blasting on nearby homes, and other environmental concerns.

Laslow said DEP can deny an operating permit if a planned quarry will have a large detrimental impact on groundwater supplies.

Geryville Materials has not applied to DEP for a permit to operate a quarry in Lower Milford. Laslow said most companies apply for a permit at the same time they seek approval from a municipality, but they can apply before or after getting local approval.

Because DEP does not get involved in local zoning, Laslow said, an operator could have a DEP operating permit before it has zoning approval.

Laslow said not even "exploratory waiver permits" required by DEP have been sought by Geryville to do initial studies to prepare for the operating permit application.

Laslow said DEP has 127 days to make a decision on an operating permit application but requests for public hearings or other complications "can blow that timetable out the window. With a lot of public input, it might take two to three years."

DEP approval of an application can be appealed to the state's Environmental Hearing Board. And a company can appeal permit denial.

Laslow estimated only a couple of dozen operating permits have been denied in the last 33 years in Pennsylvania, while hundreds were approved. But Menghini said many more applicants voluntarily withdrew once they realized DEP's requirements could not be met.

Menghini said 19 DEP inspectors and three supervisors are responsible for 1,600 mining operations in 32 counties in this part of the state. "We're spread a little thin," he acknowledged. They do four unannounced inspections a year, but will do more if they get complaints.

Laslow said residents often help by calling DEP if they observe problems. Menghini said his office gets 400 to 500 complaints a year, but only 10 percent are actual violations.

Laslow said thousands or even millions of gallons of water might be pumped every day to keep a quarry dry, creating an underground "cone of depression." He said it is not against the law for a quarry operator to lower nearby groundwater levels to get to minerals it wants to extract.

But he added it is against the law to fail to promptly replace affected private wells within that cone. That can mean drilling new and deeper wells or connecting homes to public water supplies. Companies may even offer to buy homes, but most can't afford to buy out everyone who might be impacted.